A MEDIATION WITHIN A MEDIATION? EPISODE 7

re-affirm their vows

Written by Graham Perry

Graham Perry M.A. Cantab FCIArb Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer

22 February 2022

MEDIATION #202

Remember the start. You were called in by the CEO to resolve a problem between Olivia + Harry. But as things develop you realise that the key relationship is between Olivia + her partner, Angela. If the problems in that relationship can be resolved, you are confident you can address positively Harry’s employment issues + bring about a settlement. A risk – but that is your judgment. A mediation within a mediation comes into view.

You arrange to meet with Angela, then Olivia and then Angela and Olivia. These matters can end in success or failure. But that is true of all mediations. So much depends on the character, personality + ability of the mediator. You are being tested.

The Olivia/Angela meetings are quite intense and deal with basic emotions + insecurities. They happen over a few days but each meeting takes time as you inch your way to the heart of the artichoke. The ground you cover includes the history of their relationship; the position of the children; the family finances; and feelings of love, and affection.

This can bounce either way. Assuming you rise to the challenge + in a patient and sensitive manner get to the key it can go well. But it can also go badly. Mediations do not always succeed but, if you are good at your job, you will have given Olivia + Angela an opportunity to end the process in smiles and not tears. You are on the right path.

In the event, things do go well. Olivia and Angela are reconciled and re-affirm their vows. Olivia accepts she behaved badly towards Harry and his career development is back online. Harry’s wife secures the job as Head Teacher and the CEO presses ahead with the flotation. It does “all end happily ever after”. But brace yourself – life is not always like this.

FINAL EPISODE – 23 FEBRUARY 2022
WHY DO SOME MEDIATIONS SUCCEED AND SOME FAIL.

Episode

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